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NY I81609

June 4, 2002

CLA-2-94:RR:NC:2:227 I81609


TARIFF NO.: 9405.40.6000

Ms. Bernice Rudd
Wal-Mart Stores, Inc.
Mail Stop #0410-L-32
601 North Walton
Bentonville, AR 72716-0410

RE: The tariff classification of a solar outdoor light in bird feeder from China.

Dear Ms. Rudd:

In your letter dated May 7, 2002, you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a solar outdoor light in bird feeder, style number G3810A, that measures approximately 13 inches in overall height. It features a two-tiered disk-shaped iron top that incorporates four solar-cell panels with nickel battery (charged during the daylight), in addition to an LED lamp within a cylinder-shaped plastic housing (activated in the evening) which is affixed beneath the midsection of its metal top. It has a cylinder-shaped clear plastic body, which measures about 8 inches in height by 7 inches in diameter, that possesses an iron framework, as well as a circular-shaped iron base measuring about 10 inches in diameter. The base has a convex-like body and concave-like rim with a ring-shaped attachment featuring eight U-shaped apertures around its circumference. The top section, which can be removed for the insertion of the bird feeder, possesses an iron conical-shaped finial with chain and hook for hanging.

The applicable subheading for the solar outdoor light in bird feeder will be 9405.40.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other electric lamps and lighting fittings: of base metal: other than of brass. The rate of duty will be 6 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Kalkines at 646-733-3028.


Robert B. Swierupski

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